State law protects employees in both the private and public sector from discrimination on the basis of sexual orientation.

State law protects employees in both the private and public sector from discrimination on the basis of sexual orientation, as well as gender identity and/or gender expression.

State law/executive order protects public employees but NOT private sector employees on the basis of sexual orientation.

State law/executive order protects public employees but NOT private sector employees on the basis of sexual orientation or gender identity/expression.

State protects public and private employees on the basis of sexual orientation but only public employees on the basis of gender identity/expression.

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression. The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.

Key

Public accommodations protections on the basis of sexual orientation and gender identity.

Public accommodations protections on the basis of sexual orientation only.

Public accommodations are defined as entities that are used by the public, whether they are publicly or privately operated. Examples include retail stores, rental establishments and service establishments, educational institutions, and recreational facilities. States with fully inclusive public accommodations discrimination protections have laws indicating that LGBT people may use these establishments like all other members of the public. Some states have laws protecting only LGB people from this kind of discrimination.